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Repossession Defense Our mission is to help people out of debt, and we don't take shortcuts

Repossession Defense in FL

Facing Repossession in Florida? Contact Us for Help.

If you default on your car payments, the creditor has the right to repossess the car. The car is then sold. If there is a difference between the amounts the creditor received and the amount that was originally owed, they may pursue you for a deficiency judgment. This means they will demand that you pay the difference between the price at auction and the loan amount. Deficiency is basically the amount that is owed on your auto loan after repossession has taken place. If your car was worth $9,000 and it sold for $6,000, you will owe a deficiency of $3,000.

Our Orlando repossession defense attorneys at Joseph J. Mancuso, P.A. aggressively defend consumer's rights and has successfully helped clients to avoid unfair creditor practices. Our law firm has nearly a 100 years of combined experience helping clients in protecting consumer rights in areas of law such as repossession and deficiency judgment. If you are living in fear of repossession, speak with our repossession lawyers immediately.

Are lenders seizing your property? Contact us online or call (407) 378-5488 to request a free initial consultation at the Law Offices of Joseph J. Mancuso. Backed by 100 years of shared experience!

How To Fight Repossession in Florida

If you are unable to pay and default on your car loan, the lender can seize your vehicle without notifying you. When it comes to repossession, you have options for fighting it, even after your property has been taken.

Below are some strategies to fight repossession in Florida:

  • File for Chapter 13 bankruptcy
  • Surrender the vehicle and discharge the debt
  • Lien strip (or cram down) via bankruptcy

If your car was already repossessed, you may:

  • Redeem your car
  • Reaffirm your loan
  • Surrender or do a voluntary repossession

How Does Bankruptcy Affect Repossession?

One of your options is filing for bankruptcy. Filing for bankruptcy triggers an "automatic stay" which forces creditors to stop all of their attempts to collect from you. They cannot repossess your property, contact you, pursue a lawsuit or foreclose on your property. If you have been threatened with repossession, reach out to an experienced repossession attorney near you immediately. If you wait too long, this option may not work. If your car has already been seized, an automatic stay cannot make the lender return your car. Consult with a repossession attorney in Orlando today.

What is Wrongful Repossession in Florida?

There are rules when it comes to repossession. If the repo agent violates these, it is considered wrongful repossession in Florida.


  • Carrying or using a firearm while performing repossession duties or tasks
  • Attempting to collect when the statute of limitations has passed
  • Breaking "breach of peace" by causing damage and injury to a person or personal property or making threats to use force.

Statute of Limitations on Car Repossessions in Florida

The statute of limitations for car repossessions in Florida is five years. This means that the car lender may not attempt to collect from you or file a suit against you after five years per the last date of activity on the car loan. The statute of limitations applies to all consumer debts with written agreements.

Contact Us for a Free ConsultatioN at (407) 378-5488

If you have defaulted on a payment or loan for your property such as your car or house, creditors may seize your property. Our firm may be able to assist you in saving your car or home from repossession. Debt relief may be available to you in the form of Chapter 7 and 13 bankruptcy. In some situations, other options are available. The best thing to do is to speak with an attorney to find out what debt relief action is right for you. In many cases the debt can be restructured making it possible to keep up with payments that are now reasonable in cost.

Chapter 13 may be able to help those who are facing foreclosure to avoid losing their homes. Time is of the essence when pursuing legal help for foreclosure, as the bankruptcy filing must have taken place before the sale date of the house. If you are afraid that your house or car will be taken away from you through foreclosure or repossession, don't wait to speak with us!

Contact an Orlando repossession defense lawyer if you are faced with repossession.

Contact the Law Offices of Joseph J. Mancuso, P.A.

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